Reader's Watchdog: State urges dealer to honor car contest promise

Nov. 4, 2013

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The head of the Iowa attorney general’s Consumer Protection Division has “strongly urged” a Johnston car dealership to honor promises made during a popular contest at the Iowa State Fair.

Nathan Brennecke, 32, complained to The Des Moines Register Reader’s Watchdog in September, after he said he had correctly guessed the number of colored plastic balls that filled a 2013 Beetle during the fair. But, he said, Lithia Volkswagen failed to deliver the new car that he believes was promised in an online contest.

Brennecke told the Reader’s Watchdog that he noticed that rules online allowed people to enter the contest as often as they wanted. Over the next few days, Brennecke entered about 4,000 times, he guesses.

However, the dealership changed the rules during the promotion. When Brennecke complained, he said, the dealership’s general manager confirmed he had guessed right, but offered only a one-year lease.

State consumer protection chief Bill Brauch said after reviewing the complaint that it appeared Brennecke did have a legal claim. On Oct. 28, Brauch wrote Lithia’s general manager, Anthony Gladney, and told him the rule changes “prejudiced consumers who appear to have ‘played by the rules,’ including Mr. Brennecke.”

Brauch encouraged Gladney to award Brennecke the Beetle promoted during the contest, instead of the lease that the dealership offered.

Brauch gave the dealership 10 days to respond. He noted in his letter that Brennecke had retained a private attorney. “However, should you agree with our suggested approach we would communicate that to Mr. Brennecke and his attorney to determine whether that would satisfy that concern.”

Gladney declined to say Monday how the dealership plans to respond.

However, he told the Reader’s Watchdog earlier that the rule change was made because a computer virus during the contest shut down the dealership’s servers. So after that, he said, “we clarified the rules.”

Gladney also claimed the dealership’s intention was always to offer a lease as the grand prize, not give away a new car.

Brennecke said he doubts he and thousands of others would have entered the contest had they known the prize was not the Beetle itself.

Lee Rood’s Reader’s Watchdog column helps Iowans get answers and accountability from public officials, the justice system, businesses and nonprofits. Contact her at lrood@dmreg.com or 515-284-8549.